|
How to get
an Asylum
Who is
Eligible to Apply?
Asylum may be granted to people who are arriving in or
already physically present in the United States. To apply
for asylum in the United States, you may ask for asylum at a
port-of-entry (airport, seaport, or border crossing), or
file Form
I-589, Application for Asylum and for
Withholding of Removal, at the appropriate Service
Center within one year of your arrival in the United States.
You may apply for asylum regardless of your immigration
status, whether you are in the United States legally or
illegally.
You must apply for asylum within one year of your last
arrival in the United States, but you may apply for asylum
later than one year if there are changed circumstances that
materially affect your eligibility for asylum or
extraordinary circumstances directly related to your failure
to file within one year. These may include certain changes
in the conditions in your country, certain changes in your
own circumstances, and certain other events. For a
non-exhaustive list of circumstances that may be considered
changed or extraordinary circumstances, see 8 CFR §
208.4. You must apply for asylum within a
reasonable time given those circumstances. See Ineligibility
to Apply for Asylum.
You will be barred from applying for asylum if you
previously applied for asylum and were denied by the
Immigration Judge or Board of Immigration Appeals, unless
you demonstrate that there are changed circumstances which
materially affect your eligibility for asylum. You will also
be barred if you could be removed to a safe third country
pursuant to a bilateral or multilateral agreement. See INA
§ 208(a)(2) and Ineligibility
to Apply for Asylum.
How
Do I Apply?
To apply for asylum, you will need to complete Form I-589, Application
for Asylum and for Withholding of Removal, and follow
the instructions carefully. The form I-589 is available here.
Forms are also available by clicking on the link, by calling
the forms request line at 1-800-870-3676, or by submitting a
request through our forms
by mail system. The table below summarizes
where you will need to file your Form I-589. See 8
CFR § 208.4(b).
| Circumstance |
Where to
File Your Form I-589 |
| Applying for asylum
for the first time and have not been placed in
removal proceedings in Immigration Court |
Service
Center that has jurisdiction over your
place of residence.
- Information
about where to send your application can be
found in the instructions to Form I-589.
- USCIS will
confirm in writing its receipt of your completed
application.
|
Previously applied
for and were denied asylum by INS or USCIS
Previously included in a spouse’s or parent’s
pending application but no longer eligible to be
included as a derivative |
Asylum
Office having jurisdiction over your
place of residence.
- Information
about the jurisdiction of the asylum offices can
be found at the Field
Offices Home Page.
- Include a letter
with your application stating that you
previously applied for asylum and were denied,
or that you are now filing independently for
asylum and reference the application on which
you were a dependent.
|
| Currently in removal
proceedings in Immigration Court |
Immigration
Court having jurisdiction over your
place of residence.
|
Certain crewmembers,
stowaways, individuals who entered the U.S. pursuant
to the Visa Waiver Program and others described in
8 CFR § 208.2(c) before Form
I-863, Notice of Referral to Immigration Judge,
has been filed. |
District
Director having jurisdiction over your
place of residence.
|
Can I
Still Apply For Asylum Even If I Am Illegally in the United
States?
Yes, you may apply even if you are here illegally. You may
apply for asylum regardless of your immigration status as
long as you file your application within one year of your
last arrival or demonstrate that you are eligible for an
exception to that rule based on changed circumstances or
extraordinary circumstances, and that you filed for asylum
within a reasonable amount of time given those
circumstances.
Can
I Apply For Asylum Even If I Was Convicted of a Crime?
Yes, you may apply. However, you may be barred from being
granted asylum depending on the crime. See INA §
208(b). You must disclose any criminal history on
your Form I-589, Application for Asylum
and for Withholding of Removal, and at your asylum
interview. Failure to disclose such information may result
in your asylum claim being referred to the Immigration
Court, and possible fines or imprisonment for committing
perjury.
What
About My Spouse and Children?
You must list your spouse and all your children on your Form
I-589 regardless of their age, marital status, whether they
are in the United States, or whether or not they are
included in your application or filing a separate asylum
application.
You may ask to have included in your asylum decision your
spouse and/or any children who are under the age of 21 and
unmarried, if they are in the United States. This means
that, if you are granted asylum, they will also be granted
asylum status and will be allowed to remain in the United
States incident to your asylum status. However, if you are
referred to the Immigration Court, they will also be
referred to the court for removal proceedings. You should
refer to the instructions in Form I-589 for information on
the documents you will be required to submit establishing
your family relationships, such as marriage certificates and
birth certificates.
Children who are married and/or children who are 21 years of
age or older at the time you file your asylum application
must file separately for asylum by submitting their own
asylum applications (Form I-589).
Once you are granted asylum, you may petition to bring your
spouse and/or children (unmarried and under the age of 21 as
of the date you filed the asylum application, as long as
your asylum application was pending on or after August 6,
2002) to the United States or to allow those already here,
who were not included in your asylum decision, to remain
incident to your asylum status. Please see Grant
of Asylum for more information.
What
Happens if My Child Turns 21 After I Have Filed My Asylum
Application?
Under the Child Status Protection Act, signed into law by
President Bush on August 6, 2002, your child will continue
to be classified as a child if he or she turned 21 years of
age after your asylum application was filed but while it was
pending. Your child must have been unmarried and under 21
years of age on the date that you filed your I-589. The
“filing date” is the date that USCIS received your
application.
There is no requirement that your child have been included
as a dependent on your asylum application at the time of
filing, only that your child be included prior to the
decision made on your claim. This means that you may add to
your asylum application an unmarried son or daughter who is
21 years of age, but who was 20 at the time you filed your
asylum application.
What
is the Fee?
There is no fee to apply for asylum.
How
Does The Asylum Officer or Immigration Judge Determine If I
Am Eligible for Asylum?
The Asylum Officer or Immigration Judge will determine if
you are eligible by evaluating whether you meet the definition
of a refugee. The definition, which can be
found in section 101(a)(42)(A)
of the Immigration and Nationality Act (INA), states that a
refugee is someone who is unable or unwilling to return to
and avail himself or herself of the protection of his or her
home country or, if stateless, country of last habitual
residence because of persecution or a well-founded fear of
persecution on account of race, religion, nationality,
membership in a particular social group, or political
opinion. The determination of whether you meet the
definition of a refugee will be based on information you
provide on your application and during an interview with an
Asylum Officer or at a hearing before an Immigration Judge.
The Asylum Officer or Immigration Judge will also consider
whether any bars apply. You will be barred from being
granted asylum under INA § 208(b)(2) if
you:
- Ordered, incited,
assisted, or otherwise participated in the persecution
of any person on account of race, religion, nationality,
membership in a particular social group, or political
opinion
- Were convicted of a
particularly serious crime (includes aggravated
felonies)
- Committed a serious
nonpolitical crime outside the United States
- Pose a danger to the
security of the United States
- Firmly resettled in
another country prior to arriving in the United States
(see 8 CFR § 208.15 for a definition
of “firm resettlement”)
You will also be barred from
being granted asylum under INA § 208 if
you are inadmissible under INA § 212(a)(3)(B)
or removable under INA § 237(a)(4)(B)
because you:
- Have engaged in
terrorist activity;
- Are engaged in or are
likely to engage after entry in any terrorist activity
(a consular officer or the Attorney General knows, or
has reasonable grounds to believe, that this is the
case);
- Have, under any
circumstances indicating an intention to cause death or
serious bodily harm, incited terrorist activity;
- Are a representative of
- a foreign terrorist
organization, as designated by the Secretary of
State under section 219 of the INA, or
- a political, social,
or other similar group whose public endorsement of
acts of terrorist activity the Secretary of State
has determined undermines United States efforts to
reduce or eliminate terrorist activities;*
- Are a member of a
foreign terrorist organization, as designated by the
Secretary of State under section 219 of the INA, or
which you know or should have known is a terrorist
organization;
- Have used a position of
prominence within any country to endorse or espouse
terrorist activity, or to persuade others to support
terrorist activity or a terrorist organization, in a way
that the Secretary of State has determined undermines
United States efforts to reduce or eliminate terrorist
activities.*
*These two categories were
added by the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT Act, P.L. 107-56, October 26, 2001),
which was passed in response to the September 11, 2001
terrorist attacks.
How
Long Does the Process Take?
The time frames below apply only if you will be scheduled
for an interview at one of the eight asylum offices. Time
frames vary for those who live far from an asylum office
because asylum officers must travel to other offices in
order to conduct the long-distance interviews.
The Immigration and Nationality Act (INA) provides in
Section 208(d)(5) that the initial
interview on asylum applications filed on or after April 1,
1997 should take place within 45 days after the date the
application is filed, and a decision should be made on the
asylum application within 180 days after the date the
application is filed, unless there are exceptional
circumstances.
| Applicant files
I-589 at the Service Center |
Within 21 days of
the filing date |
Within 43 days of
the filing date |
Within 60 days of
the filing date |
Within 180 days of
the filing date |
| The filing date is
the date the complete application was received at
the Service Center.
| Applicant receives:
- Receipt notice
that USCIS received I-589
- Fingerprint
appointment notice
- Interview notice
|
Applicant is
interviewed at one of the eight asylum offices,
unless applicant lives at a significant distance
from an asylum office. |
Majority of
applicants return two weeks after the interview to
pick up the decisions on their application,
including referrals to the Immigration Court for
final determination. |
Applicants whose
cases have been referred to the Immigration Court
receive a decision on their applications. |
Where
Can I Find the Law?
The legal foundation for the Asylum Program comes from the
Immigration and Nationality Act (INA). For the part of the
law concerning asylum, please see INA § 208
(Asylum). You can also link here to the Immigration
and Nationality Act. Rules published in the
Federal Register explain the eligibility requirements and
procedures to be followed by applicants and the government.
These rules are incorporated into the Code of Federal
Regulations (CFR) at 8 CFR § 208. Asylum
officers also rely on case law to decide asylum claims.
Administrative decisions made by the Board of Immigration
Appeals can be found at BIA
Decisions or http://www.usdoj.gov/eoir.
See Sources of Authority
[Sources of Authority.doc] for a general overview of the
sources of law that asylum officers consider when
adjudicating asylum claims.
Where
Can I Find the Forms?
The following forms can be found by clicking the links
below, by calling the Forms request line at 1-800-870-3676,
or by submitting a request through the forms
by mail system:
- Form
I-589 (Application for Asylum and for
Withholding of Removal)
- Form
I-131 (Application for Travel Document)
- Form
I-485 (Application to Register Permanent
Residence or Adjust Status)
- Form
I-730 (Refugee/Asylee Relative Petition)
- Form
I-765 (Application for Employment
Authorization)
- Form
AR-11 (Change of Address)
- Form
G-28 (Notice of Entry of Appearance as
Attorney or Representative)
Can Anyone Help Me?
You have a right to provide your own legal representation at
an asylum interview and during immigration proceedings
before the Immigration Court, at no cost to the United
States Government. You may obtain a list of pro bono (free
or reduced cost) attorneys or community-based, non-profit
organizations that may be available to assist you by:
- viewing our webpage that
provides information on free
legal advice;
- calling the forms
request line at 1-800-870-3676;
- visiting the U.S.
Department of Justice, Executive Office for Immigration
Review website at http://www.usdoj.gov/eoir/statspub/raroster.htm
and http://www.usdoj.gov/eoir/probono/states.htm,
or
- contacting the district
office or asylum office near your home. Please see our field
offices home page for more information on
contacting our offices.
Representatives of the United
Nations High Commissioner for Refugees (UNHCR)
may be able to assist you in identifying persons to help you
complete your Form I-589. The current address of the UNHCR
is:
United Nations High
Commissioner for Refugees
1775 K Street, NW, Suite 300
Washington, DC 20006
Telephone: (202) 296-5191
Website: http://www.unhcr.ch
Background/Security
Checks
When
Will I Need To Be Fingerprinted?
After the Service Center receives your completed Form I-589,
the Service Center will send you a notice, if you are
between 14 and 79 years of age, to go to an Application
Support Center or authorized Designated Law Enforcement
Agency to have your fingerprints taken. You are exempt from
the fingerprint fee. The fingerprints will be sent to the
Federal Bureau of Investigation (FBI) for a
background/security check. The FBI will send those results
to USCIS. Your spouse and children for whom you are asking
for derivative asylum status will also need to be
fingerprinted if they are between 14 and 79 years of age.
Additional information about the fingerprinting process can
be found on the Fingerprints
webpage, Application
Support Centers webpage (for hours and
locations), or by calling the National Customer Service
Center at 1-800-375-5283.
Will
I Be Required to Undergo Any Other Criminal or Security
Checks?
Yes. Every individual who applies for asylum will be subject
to a background/security check. Depending on the results of
the mandatory check, you may not be eligible for a final
grant of asylum. Your application may be referred to the
Immigration Judge, and you may be placed in removal
proceedings in Immigration Court.
The background/security check consists of the following:
- USCIS sends a copy of
your Form I-589, Application for Asylum and for
Withholding of Removal, to the U.S. Department of
State.
- USCIS sends your
biographical information to the Federal Bureau of
Investigation (FBI) and the Central Intelligence Agency
(CIA).
- USCIS checks your
biographical information against law enforcement
databases.
- USCIS schedules you, if
you are between 14 and 79 years of age, for
fingerprinting at an Application Support Center or
Designated Law Enforcement Agency. The fingerprints are
sent to the FBI to conduct background/security checks.
Asylum
Interview
What
Should I Bring With Me To The Asylum Interview?
You have the right to bring an attorney or representative.
You must bring an interpreter if you are not fluent in
English. If your spouse and/or children who were under 21 at
the time you filed your application are included in your
asylum application as dependents, they must also appear for
the interview and bring any identity or travel documents
they have in their possession. Although you are required to
list all of your family members on your application, you
only need to bring those to the interview that will be
included as dependents in the asylum decision. You should
also bring the following if available:
- some form of
identification, including any passport(s), other travel
or identification documents, or Form I-94
Arrival-Departure Record
- the originals of any
birth certificates, marriage certificates, or other
documents you previously submitted with your Form I-589
- a copy of your Form
I-589 and other supplementary material that you
previously submitted
- any additional available
items documenting your claim that you have not already
submitted with your application. Any document in a
language other than English must be accompanied by an
adequate English translation that the translator has
certified as complete and correct, and by the
translator’s certification that he or she is competent
to translate into English the language used in the
document.
Should
I Bring An Interpreter to My Asylum Interview?
USCIS does not provide any interpreters during the asylum
interview. You must bring an interpreter if you do
not speak English fluently. The interpreter must be fluent
in English and a language you speak fluently and must be at
least 18 years old. The following persons cannot serve as
your interpreter: your attorney or representative of record;
a witness testifying on your behalf at the interview; or a
representative or employee of your country. The regulation
relating to interpreters can be found at 8 CFR §
208.9(g).
What
Will Happen At My Asylum Interview?
The interview will generally last at least an hour, although
the time may vary depending on the case. You will be asked
to take an oath promising to tell the truth during the
interview. The Asylum Officer will verify your identity and
ask you basic biographical questions. The Asylum Officer
will ask you about the reasons you are applying for asylum.
The Asylum Officer will know that it may be difficult for
you to talk about traumatic and painful experiences that
caused you to leave your country. However, it is very
important that you tell the Asylum Officer your experiences
so that the Asylum Officer can determine whether you qualify
as a refugee. The Asylum Officer will also ask you questions
to determine if any bars apply to being granted asylum. See How
Does the Asylum Officer or Immigration Judge Determine If I
Am Eligible for Asylum? Everything you say to
the Asylum Officer will be confidential. You and your
attorney or representative, if any, will have time at the
end of the interview to make a statement or add any
additional information. A decision will not be made at the
asylum interview. See 8 CFR § 208.9.
What
If I Need to Reschedule the Interview?
You must either send a letter to the asylum office where
your interview is scheduled to be held or complete a Request
to Reschedule Asylum Interview letter at the asylum office.
Your request must be made in writing. The addresses can be
found by clicking on the following links: Arlington,
VA; Chicago,
IL; Houston,
TX; Los
Angeles, CA; Miami,
FL; Newark,
NJ (Lyndhurst); New
York, NY (Rosedale); and San
Francisco, CA.
What
If I Fail To Appear For My Asylum Interview?
If USCIS does not receive a written explanation for your
failure to appear within 15 days after the date of the
scheduled interview, your case will either be referred to
the Immigration Court or your case will be administratively
closed if you are still in valid status. See 8 CFR
§ 208.10. The Asylum Office Director has
discretion to reschedule your interview if you provide a
reasonable explanation for your failure to appear. If you
establish exceptional circumstances for the failure to
appear or that USCIS did not properly notify you of the
interview, USCIS must reschedule your interview.
Failure to appear at the interview may affect your
eligibility to apply for work authorization. You are
generally eligible to apply for work authorization 150 days
after you submit a complete application to the Service
Center if a decision has not been made on your asylum
application. However, if you applied for asylum on or after
January 4, 1995, you will be ineligible for employment
authorization if you fail to appear for an interview, unless
your failure to appear is excused. See 8 CFR §
208.7(a)(4).
Decisions
On Asylum Claims
How
Will the Asylum Officer Make the Decision About Whether To
Grant Me Asylum?
The Asylum Officer will evaluate your testimony, the
information you provide on your application, and any
supplementary materials you submit to determine if you are a
refugee and whether any mandatory bars apply. The Asylum
Officer will consider country condition information from
reliable sources and will consider the relevant law found in
the Immigration and Nationality Act (INA), the regulations
found in Title 8 of the Code of Federal Regulations, and
case law. The Asylum Officer will also evaluate the
credibility of your claim. See 8 CFR § 208.9.
When
Will I Be Notified About the Decision on My Asylum Claim?
In most cases, you will return to the asylum office where
your interview was held two weeks after the
interview to pick up your decision. However, there may be
longer processing times if you were interviewed at a
district office, are currently in valid status, or if your
case will be reviewed by Asylum Division Headquarters staff.
You will generally receive the decision by mail if any of
these circumstances occur.
What
Will Be My Status After I Am Granted Asylum?
You will have asylee status. You will receive an I-94
Arrival and Departure record documenting that you are able
to remain indefinitely in the United States as an asylee.
You will be authorized to work in the United States for as
long as you remain in asylee status. You may obtain a
photo-identity document from USCIS evidencing your
employment authorization by applying for an Employment
Authorization Document (EAD). You will also be able to
request derivative asylum status for any spouse or child
(unmarried and under 21 years of age as of the date you
filed the asylum application, as long as your asylum
application was pending on or after August 6, 2002) who was
not included as a dependent in your asylum decision and with
whom you have a qualifying relationship. This means that you
will be able to petition to bring your spouse and/or
children to the United States, or allow them to remain in
the United States indefinitely incident to your asylee
status. For more information on the benefits and
responsibilities associated with asylee status, see Grant
of Asylum.
Can
Asylum Status Be Terminated?
Yes. Your asylee status may be terminated if you no longer
have a well-founded fear of persecution because of a
fundamental change in circumstances, you have obtained
protection from another country, or you have committed
certain crimes or engaged in other activity that makes you
ineligible to retain asylum status in the United States. See
INA § 208(c)(2). An asylee is not a lawful
permanent resident. You may apply for lawful permanent
resident status after you have been physically present in
the United States for a period of one year after the date
you were granted asylum status. See Asylee
Adjustment for more information about becoming
a lawful permanent resident. The law can be found at INA
§ 209(b).
What
is a Recommended Approval of Asylum?
You will receive a recommended approval of asylum if an
Asylum Officer has made a preliminary determination to grant
you asylum, but USCIS has not received the results from the
mandatory, confidential investigation of your identity and
background. If the results reveal derogatory information
that affects your eligibility for asylum, USCIS may deny
your request for asylum or refer it to an Immigration Judge
for further consideration. See Recommended
Approval.
What
is a Conditional Grant of Asylum?
You will receive a conditional grant of asylum if you are
found eligible for asylum based on past persecution or a
well-founded fear of persecution solely on account of
resistance to a coercive population control (CPC) program. A
maximum of 1,000 applicants per year may be granted asylum
or admitted as a refugee under this ground. You will be put
on a waiting list to receive a CPC authorization number. You
will not receive a final grant of asylum until a CPC
authorization number becomes available. There is currently a
several year waiting period. Before a final grant of asylum
can be issued, you will need to be re-fingerprinted since
the results of your confidential background check will most
likely have expired by the time that a CPC number is
available in your case. See Resistance
to Coercive Population Control (CPC) Programs
for more information.
What
is a Notice of Intent to Deny?
You will receive a Notice of Intent to Deny if you are
currently in valid status and found ineligible for asylum.
You will have 16 days to provide a response to the letter.
The Asylum Officer will then either approve or deny the
claim. See Notice
of Intent to Deny.
What
is a Final Denial?
You will receive a Final Denial of your asylum claim if you
received a Notice of Intent to Deny (NOID) and either did
not provide a response to the letter within 16 days, or the
Asylum Officer determined that the evidence or argument you
provided failed to overcome the grounds for denial as stated
in the NOID. See Final
Denial.
What
Does It Mean to be Referred to Immigration Court?
This means that the Asylum Officer was unable to approve
your asylum application and you are not currently in valid
status. You will receive charging documents that place you
in removal proceedings in Immigration Court. Your asylum
application will be referred to the Immigration Court for an
Immigration Judge to decide during the removal proceedings.
See Referral
to an Immigration Court.
Where
Can I Find Further Information if My Asylum Claim is
Referred to Immigration Court?
The Immigration Courts are located within the Executive
Office for Immigration Review at the U.S. Department of
Justice. Information about the Immigration Courts can be
found at www.usdoj.gov/eoir
or you can call their electronic information system at
1-800-898-7180. You will need your A-number to get
information on your case. This telephonic information system
can give you information about your next hearing date, time
and location; elapsed time and status of the clock for
asylum cases; Immigration Judge decision information; case
appeal information, including appeal due date, brief due
date, date forwarded to the Board of Immigration Appeals (BIA),
and BIA decision and decision date. If the Immigration Judge
denies your asylum application, you will receive a notice
telling you how to appeal the decision.
Generally, you may appeal within 30 days of receiving the
denial. After your appeal form and a required fee are
processed, the appeal will be referred to the Board of
Immigration Appeals in Washington, DC. For more information,
see the Executive Office for Immigration Review’s website
at www.usdoj.gov/eoir.
Other
Do
I Need to Notify USCIS If I Move?
See How
Do I Report a Change of Address to USCIS?
You must also notify in
writing the local asylum office where you case is pending of
any change of address. Please see "Change of
Address" on your local asylum office page for more
information: Arlington,
VA; Chicago,
IL; Houston,
TX; Los
Angeles, CA; Miami,
FL; Newark,
NJ (Lyndhurst); New
York, NY (Rosedale); and San
Francisco, CA.
The regulation pertaining to
change of address can be found at 8 CFR 265.1.
How
Can I Find Out About the Status of My Application?
There are two ways to find the status of a pending asylum
application: you may write to the Asylum Office having
jurisdiction over your case or you may visit the Asylum
Office where your case is pending. You should be prepared to
provide the following information:
- Alien number
(“A-Number”)
- Current legal name and,
if different, the name as it appears on the application
- Nationality
- Date of birth
- Current address
- Date of interview, if
applicable
If you are sending your
request in writing, you should sign the request and mark
your envelope: ATTN: Status Inquiry. The eight asylum
offices are located at: Arlington,
VA; Chicago,
IL; Houston,
TX; Los
Angeles, CA; Miami,
FL; Newark,
NJ (Lyndhurst); New
York, NY (Rosedale); and San
Francisco, CA.
Will
I Be Able To Petition To Bring My Family To The United
States?
If you are granted asylum, you may request derivative asylum
status for any spouse or child (unmarried and under 21 years
of age as of the date you filed the asylum application was
pending on or after August 6, 2002) who was not included in
your asylum claim and with whom you have a qualifying
relationship. You must submit a Form
I-730, Refugee and Asylee Relative Petition,
to the Nebraska Service Center, P.O. Box 87730, Lincoln, NE
68501-7730. The Form I-730 must be filed for each
qualifying family member within 2 years of the date you were
granted asylum status, unless USCIS determines that
this time period should be extended for humanitarian
reasons. See How
Do I Get My Spouse or Children Derivative Asylum Status in
the United States?
When
Can I Apply To Become a Lawful Permanent Resident?
You may apply for lawful permanent resident status under INA
§ 209(b) after you have been physically present in
the United States for a period of one year after the date
you were granted asylum status. To apply for lawful
permanent resident status, you must submit a separate Form
I-485, Application to Register Permanent
Residence or Adjust Status, for yourself and each
qualifying family member to the Nebraska Service Center,
P.O. Box 87485, Lincoln, Nebraska, 68501-7485. See Asylee
Adjustment.
Will
I Get a Work Permit?
Asylum applicants cannot apply for employment authorization
at the same time they apply for asylum. You will be
authorized to work in the United States if you are granted
asylum and as long as you remain in asylum status. You are
also eligible to apply for employment authorization if you
are given a recommended approval or conditional grant of
asylum. You can also apply for work authorization before a
decision is made on your claim if 150 days has passed since
you filed your complete application with the Service Center
and no decision has been made on your application. USCIS has
30 days to either grant or deny your request for employment.
The application to apply for an Employment Authorization
Document (EAD) is the Form I-765. Please see Form
I-765, Application for Employment
Authorization, and How
Do I Get a Work Permit? for more information.
Effective November 10, 2002,
asylum applicants who have been granted asylum will no
longer have to file an EAD application with the Nebraska
Service Center in order to obtain an initial EAD. Section
309 of the Enhanced Border Security and Visa Entry Reform
Act of 2002 requires USCIS to issue an employment
authorization document containing at least a fingerprint
and photograph to an asylee immediately upon a grant of
asylum. If an asylee wishes to renew his or her EAD, the
asylee will still need to submit an EAD application with
the Nebraska Service Center, and pay a fee or request a
fee waiver under 8 CFR § 103.7(c). However, asylees are
work-autorized regardless of whether or not they are in
possession of an EAD. An asylee may want to obtain an EAD
from USCIS in order to meet other obligations. For
example, the EAD, which is evidence of both identity and
employment authorization, can be presented to an employer
as a List A document of the Employment Eligibility
Verification form (Form
I-9). Also, the EAD can serve as evidence of alien
registration, which is required by law to be carried by
registered aliens at all times.
Can
I Travel Outside the United States?
If you are applying for asylum and want to travel outside
the United States, you must receive advance permission
before you leave the United States in order to return to the
United States. This advance permission is called Advance
Parole. If you do not apply for Advance Parole
before you leave the country, you will be presumed to have
abandoned your application with USCIS and you may not be
permitted to return to the United States. If
you obtain advance parole and return to your country of
feared persecution, you will be presumed to have abandoned
your asylum request, unless you can show compelling reasons
for the return. If your application for asylum is approved,
you may apply for a Refugee Travel Document. This document
will allow you to travel abroad and return to the United
States. For more information on both Advance Parole and
Refugee Travel Documents, see How
Do I Get a Travel Document? and Form
I-131, Application for Travel Document.
How
Does the Asylum Program Assure Quality and Consistency in
its Asylum Decisions?
The Asylum Program assures the quality of its programs
through its Quality Assurance and Training Branch by:
- conducting a mandatory
and comprehensive 5-week training program on asylum law,
interviewing skills and analysis (Asylum Officer Basic
Training Course) for all incoming asylum officers
- requiring 100% review of
all asylum decisions by a Supervisory Asylum Officer
- placing one or more
Quality and Assurance Trainers in every Asylum Office to
conduct training programs, observe asylum interviews,
and review decisions
- setting aside 4 hours
every week for in-house training in the asylum offices
- requiring Asylum
Division Headquarters review of certain cases
- conducting supervisory
training programs
Who
Do I Send Complaints and Comments About the Service I
Received or Misconduct?
You should contact the asylum office where you had your
interview by sending a letter to the director of that
office. Instructions can be found in the “Customer
Feedback” section for the following offices: Arlington,
VA; Chicago,
IL; Houston,
TX; Los
Angeles, CA; Miami,
FL; Newark,
NJ (Lyndhurst); New
York, NY (Rosedale); and San
Francisco, CA.
You can also report any incident of misconduct to:
Director
Office of Internal Audit
425 I Street, NW, Room 3260
Washington, DC 20536
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Source:
US Government, 10/29/2004 |
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